 |
 |
| Title
5. Administrative Procedures And Services | | Title
9-a. Maine Consumer Credit Code | | Title
9. Banks And Financial Institutions | | Title 01. General Provisions | | Title 02. Executive | | Title 03. Legislature | | Title 04. Judiciary | | Title 05. Administrative Procedures And Services | | Title 06. Aeronautics | | Title 07. Agriculture And Animals | | Title 08. Amusements And Sports | | Title 09-a. Maine Consumer Credit Code | | Title 09-b. Financial Institutions | | Title 09. Banks And Financial Institutions | | Title 10. Commerce And Trade | | Title 11. Uniform Commercial Code | | Title 12. Conservation | | Title 13-a. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @1 (rp); Pt. B, @7 (aff)) | | Title 13-b. Maine Nonprofit Corporation Act | | Title 13-c. Maine Business Corporation Act (heading. Pl 2001, C. 640, Pt. A, @2 (new); Pt. B, @7 (aff)) | | Title 13. Corporations | | Title 14. Court Procedure -- Civil | | Title 15. Court Procedure -- Criminal | | Title 16. Court Procedure -- Evidence | | Title 17-a. Maine Criminal Code | | Title 17. Crimes | | Title 18-a. Probate Code | | Title 18-b. Trusts (heading. Pl 2003, C. 618, Pt. A, @1 (new); @2 (aff) Effective 7-1-05) | | Title 18. Decedents' Estates And Fiduciary Relations | | Title 19-a. Domestic Relations (heading. Pl 1995, C. 694, Pt. B, @2 (new); Pt. E, @2 (aff)) | | Title 19. Domestic Relations (heading. Repealed 10-1-97 By Pl 1995, C. 694, Pt. B, @1 (rp); Pt. E, @2 (aff)) | | Title 20-a. Education | | Title 20. Education | | Title 21-a. Elections | | Title 21. Elections | | Title 22-a. Health And Human Services (heading. Pl 2003, C. 689, Pt. A, @1 (new)) | | Title 22. Health And Welfare | | Title 23. Highways | | Title 24-a. Maine Insurance Code | | Title 24. Insurance | | Title 25. Internal Security And Public Safety | | Title 26. Labor And Industry | | Title 27. Libraries, History, Culture And Art | | Title 28-a. Liquors (heading. Pl 1987, C. 45, Pt. A, @4 (new)) | | Title 28. Liquors (heading. Pl 1987, C. 45, Pt. A, @3 (rp)) | | Title 29-a. Motor Vehicles (heading. Pl 1993, C. 683, Pt. A, @2 (new); Pt. B, @5 (aff)) | | Title 29. Motor Vehicles (heading. Pl 1993, C. 683, @1 (rp); Pt. B, @5 (aff)) | | Title 31. Partnerships And Associations | | Title 32. Professions And Occupations | | Title 33. Property | | Title 34-a. Corrections | | Title 34-b. Behavioral And Developmental Services (heading. Pl 1995, C. 560, Pt. K, @7 (rpr); 2001, C. 354, @3 (amd)) | | Title 34. Public Institutions And Corrections (heading. Pl 1983, C. 459, @5 (rp)) | | Title 36. Taxation | | Title 37-a. Department Of Defense And Veterans Services | | Title 37-b. Defense, Veterans And Emergency Management (heading. Pl 1997, C. 455, @9 (rpr)) | | Title 37. Veterans' Services | | Title 38. Waters And Navigation | | Title 39-a. Workers' Compensation (enacted By Pl 1991, C. 885, Pt. A, @8) | | Title 39. Workers' Compensation (repealed By Pl 1991, C. 885, Pt. A, @7) |
|
|
|
|
| search a lawyer |
|
|
| ACTS, STATUTES |
|
|
|
|
|
|
|
|
|
|
|
|
| Home > Statutes > Usa Maine |
|
USA Statutes : maine
Title : Title 24-A. MAINE INSURANCE CODE
Chapter : Chapter 55. FRATERNAL BENEFIT SOCIETIES
|
|
Title 24-A - §4101. Fraternal benefit societies defined
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4101. Fraternal benefit societies defined
1. Any incorporated society, order or supreme lodge, without capital stock, including one exempted under section 4142, whether
incorporated or not, conducted solely for the benefit of its members and their beneficiaries and not for profit, operated
on a lodge system with ritualistic form of work, having a representative form of government, and which makes provision for
the payment of benefits in accordance with this chapter, is hereby declared to be a fraternal benefit society.
[1969, c. 132, § 1 (new).]
2. When used in this chapter the word "society," unless otherwise indicated, shall mean fraternal benefit society.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4102. Lodge system defined
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4102. Lodge system defined
A society having a supreme legislative or governing body and subordinate lodges or branches by whatever name known, into which
members are elected, initiated or admitted in accordance with its constitution, laws, ritual and rules, which subordinate
lodges or branches shall be required by the laws of the society to hold regular meetings at least once in each month, shall
be deemed to be operating on the lodge system.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4103. Representative form of government defined
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4103. Representative form of government defined
A society shall be deemed to have a representative form of government when:
[1969, c. 132, § 1 (new).]
1. It provides in its constitution or laws for a supreme legislative or governing body, composed of representatives elected
either by the members or by delegates elected directly or indirectly by the members, together with such other members of such
body as may be prescribed by the society's constitution and laws;
[1969, c. 132, § 1 (new).]
2. The representatives elected constitute a majority in number and have not less than 23 of the votes nor less than the votes
required to amend its constitution and laws;
[1969, c. 132, § 1 (new).]
3. The meetings of the supreme legislative or governing body and the election of officers, representatives or delegates are
held as often as once in 4 calendar years;
[1969, c. 132, § 1 (new).]
4. The society has a board of directors charged with the responsibility for managing its affairs in the interim between meetings
of its supreme legislative or governing body, subject to control by such body and having powers and duties delegated to it
in the constitution or laws of the society;
[1969, c. 132, § 1 (new).]
5. Such board of directors is elected by the supreme legislative or governing body, except in case of filling a vacancy in
the interim between meetings of such body;
[1969, c. 132, § 1 (new).]
6. The officers are elected either by the supreme legislative governing body or by the board of directors; and
[1969, c. 132, § 1 (new).]
7. The members, officers, representatives or delegates shall not vote by proxy.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4104. Organization
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4104. Organization
The organization of a society shall be governed as follows.
[1969, c. 132, § 1 (new).]
1. Seven or more citizens of the United States, a majority of whom are citizens of this State, who desire to form a fraternal
benefit society, may make, sign and acknowledge before some officer competent to take acknowledgment of deeds, articles of
incorporation, in which shall be stated:
A. The proposed corporate name of the society, which shall not so closely resemble the name of any society or insurance company
as to be misleading or confusing;
[1969, c. 132, § 1 (new).]
B. The purposes for which it is being formed and the mode in which its corporate powers are to be exercised. Such purposes
shall not include more liberal powers than are granted by this chapter, provided that any lawful, social, intellectual, educational,
charitable, benevolent, moral, fraternal or religious advantages may be set forth among the purposes of the society; and
[1969, c. 132, § 1 (new).]
C. The names and residences of the incorporators and the names, residences and official titles of all the officers, trustees,
directors or other persons who are to have and exercise the general control of the management of the affairs and funds of
the society for the first year or until the ensuing election at which all such officers shall be elected by the supreme legislative
or governing body, which election shall be held not later than one year from the date of the issuance of the permanent certificate.
[1969, c. 132, § 1 (new).]
[1969, c. 132, § 1 (new).]
2. Such articles of incorporation, duly certified copies of the constitution, laws and rules, copies of all proposed forms
of certificates, applications therefor, and circulars to be issued by the society and a bond conditioned upon the return to
applicants of the advanced payments if the organization is not completed within one year shall be filed with the superintendent,
who may require such further information as he deems necessary. The bond with sureties approved by the superintendent shall
be in such amount, not less than $5,000 nor more than $25,000, as required by the superintendent. All documents filed are
to be in the English language. If the purposes of the society conform to the requirements of this chapter and all provisions
of law have been complied with, the superintendent shall so certify, retain and file the articles of incorporation and furnish
the incorporators a preliminary certificate authorizing the society to solicit members as hereinafter provided.
[1973, c. 585, § 12 (amd).]
3. No preliminary certificate granted under this section shall be valid after one year from its date or after such further
period, not exceeding one year, as may be authorized by the superintendent upon cause shown, unless the 500 applicants hereinafter
required have been secured and the organization has been completed as herein provided. The articles of incorporation and all
other proceedings thereunder shall become null and void in one year from the date of the preliminary certificate, or at the
expiration of the extended period, unless the society shall have completed its organization and received a certificate of
authority to do business as hereinafter provided.
[1973, c. 585, § 12 (amd).]
4. Upon receipt of a preliminary certificate from the superintendent, the society may solicit members for the purpose of completing
its organization, shall collect from each applicant the amount of not less than one regular monthly premium in accordance
with its table of rates as provided by its constitution and laws, and shall issue to each such applicant a receipt for the
amount so collected. No society shall incur any liability other than for the return of such advance premium, nor issue any
certificate, nor pay, allow or offer or promise to pay or allow, any death or disability benefit to any person until:
A. Actual bona fide applications for death benefits have been secured aggregating at least $500,000 on not less than 500 lives;
[1969, c. 132, § 1 (new).]
B. All such applicants for death benefits shall have furnished evidence of insurability satisfactory to the society;
[1969, c. 132, § 1 (new).]
C. Certificates of examinations or acceptable declarations of insurability have been duly filed and approved by the chief medical
examiner of the society;
[1969, c. 132, § 1 (new).]
D. Ten subordinate lodges or branches have been established into which the 500 applicants have been admitted;
[1969, c. 132, § 1 (new).]
E. There has been submitted to the superintendent, under oath of the president or secretary, or corresponding officer of the
society, a list of such applicants, giving their names, addresses, date each was admitted, name and number of the subordinate
branch of which each applicant is a member, amount of benefits to be granted and premiums therefor; and
[1973, c. 585, § 12 (amd).]
F. It shall have been shown to the superintendent by sworn statement of the treasurer, or corresponding officer of such society,
that at least 500 applicants have each paid in cash at least one regular monthly premium as herein provided, which premiums
in the aggregate shall amount to at least $2,500, all of which shall be credited to the fund or funds from which benefits
are to be paid and no part of which may be used for expenses. The advance premiums shall be held in trust during the period
of organization and if the society has not qualified for a certificate of authority within one year, as herein provided, such
premiums shall be returned to the applicants.
[1973, c. 585, § 12 (amd).]
div>
[1973, c. 585, § 12 (amd).]
5. The superintendent may make such examination and require such further information as he deems advisable. Upon presentation
of satisfactory evidence that the society has complied with all the provisions of law, he shall issue to the society a certificate
to that effect and that the society is authorized to transact business pursuant to the provisions of this chapter. The certificate
shall be prima facie evidence of the existence of the society at the date of such certificate. The superintendent shall cause
a record of such certificate to be made. A certified copy of such record may be given in evidence with like effect as the
original certificate.
[1973, c. 585, § 12 (amd).]
6. Every society shall have the power to adopt a constitution and laws for the government of the society, the admission of
its members, the management of its affairs and the fixing and readjusting of the rates of its members from time to time. It
shall have the power to change, alter, add to or amend such constitution and laws and shall have such powers as are necessary
and incidental to carrying into effect the objects and purposes of the society.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4105. Corporate powers retained
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4105. Corporate powers retained
Any incorporated society authorized to transact business in this State at the time this chapter becomes effective may thereafter
exercise all the rights, powers and privileges prescribed in this chapter and in its charter or articles of incorporation
as far as consistent with this chapter. A domestic society shall not be required to reincorporate.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4106. Voluntary associations
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4106. Voluntary associations
No unincorporated or voluntary association shall be permitted to transact business in this State as a fraternal benefit society.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4107. Location of office -- place of meeting
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4107. Location of office -- place of meeting
The principal office of any domestic society shall be located in this State. The meetings of its supreme legislative or governing
body may be held in any state, district, province or territory wherein such society has at least 5 subordinate branches and
all business transacted at such meetings shall be as valid in all respects as if such meetings were held in this State.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4108. Consolidations and mergers
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4108. Consolidations and mergers
A domestic society may consolidate or merge with any other society by complying with the provisions of this section.
[1969, c. 132, § 1 (new).]
div>
It shall file with the superintendent:
[1973, c. 585, § 12 (amd).]
1. A certified copy of the written contract containing in full the terms and conditions of the consolidation or merger;
[1969, c. 132, § 1 (new).]
2. A sworn statement by the president and secretary or corresponding officers of each society showing the financial condition
thereof on a date fixed by the superintendent but not earlier than December 31, next preceding the date of the contract;
[1973, c. 585, § 12 (amd).]
3. A certificate of such officers, duly verified by their respective oaths, that the consolidation or merger has been approved
by a 23 vote of the supreme legislative or governing body of each society; and
[1969, c. 132, § 1 (new).]
4. Evidence that at least 60 days prior to the action of the supreme legislative or governing body of each society, the text
of the contract has been furnished to all members of each society either by mail or by publication in full in the official
organ of each society.
[1969, c. 132, § 1 (new).]
div>
If the superintendent finds that the contract is in conformity with the provisions of this section, that the financial statements
are correct and that the consolidation or merger is just and equitable to the members of each society, he shall approve the
contract and issue his certificate to such effect. Upon such approval, the contract shall be in full force and effect unless
any society which is a party to the contract is incorporated under the laws of any other state or territory. In such event
the consolidation or merger shall not become effective unless and until it has been approved as provided by the laws of such
state or territory and a certificate of such approval filed with the superintendent or, if the laws of such state or territory
contain no such provision, then the consolidation or merger shall not become effective unless and until it has been approved
by the superintendent of such state or territory and a certificate of such approval filed with the superintendent of this
State.
[1973, c. 585, § 12 (amd).]
div>
Upon the consolidation or merger becoming effective as herein provided, all the rights, franchises and interests of the consolidated
or merged societies in and to every species of property, real, personal or mixed, and things in action thereunto belonging
shall be vested in the society resulting from or remaining after the consolidation or merger without any other instrument,
except that conveyances of real property may be evidenced by proper deeds, and the title to any real estate or interest therein,
vested under the laws of this State in any of the societies consolidated or merged, shall not revert or be in any way impaired
by reason of the consolidation or merger, but shall vest absolutely in the society resulting from or remaining after such
consolidation or merger.
[1969, c. 132, § 1 (new).]
div>
The affidavit of any officer of the society or of anyone authorized by it to mail any notice or document, stating that such
notice or document has been duly addressed and mailed, shall be prima facie evidence that such notice or document has been
furnished the addressees.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4109. Conversion of fraternal benefit society into mutual life insurance company
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4109. Conversion of fraternal benefit society into mutual life insurance company
Any domestic fraternal benefit society may be converted and licensed as a mutual life insurance company by compliance with
all the requirements of section 3352 if such plan of conversion has been approved by the superintendent. Such plan shall be
prepared in writing setting forth in full the terms and conditions thereof. The board of directors shall submit such plan
to the supreme legislative or governing body of such society at any regular or special meeting thereof by giving a full, true
and complete copy of such plan with the notice of such meeting. Such notice shall be given as provided in the laws of the
society for the convocation of a regular or special meeting of such body, as the case may be. The affirmative vote of 23
of all members of such body shall be necessary for the approval of such agreement. No such conversion shall take effect unless
and until approved by the superintendent who may give such approval if he finds that the proposed change is in conformity
with the requirements of law and not prejudicial to the certificate holders of the society.
[1973, c. 585, § 12 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4110. Qualifications for membership
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4110. Qualifications for membership
A society may admit to benefit membership any person not less than 15 years of age, nearest birthday, who has furnished evidence
of insurability acceptable to the society. Any such member who shall apply for additional benefits more than 6 months after
becoming a benefit member shall furnish additional evidence of insurability acceptable to the society unless such additional
benefits are issued pursuant to an existing contract under the terms of which such member is entitled to purchase such additional
benefits without furnishing evidence of insurability.
[1969, c. 132, § 1 (new).]
div>
Any person admitted prior to attaining the full age of 18 years shall be bound by the terms of the application and certificate
and by all the laws and rules of the society and shall be entitled to all the rights and privileges of membership therein
to the same extent as though the age of majority had been attained at the time of application. A society may also admit general
or social members who shall have no voice or vote in the management of its insurance affairs.
[1971, c. 598, § 51 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4111. Articles of incorporation, constitution and laws -- amendments
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4111. Articles of incorporation, constitution and laws -- amendments
A domestic society may amend its articles of incorporation, constitution or laws in accordance with the provisions thereof
by action of its supreme legislative or governing body at any regular or special meeting thereof or, if its articles of incorporation,
constitution or laws so provide, by referendum. Such referendum may be held in accordance with the provisions of its articles
of incorporation, constitution or laws by the vote of the voting members of the society, by the vote of delegates or representatives
of voting members or by the vote of local lodges or branches. No amendment submitted for adoption by referendum shall be adopted
unless, within 6 months from the date of submission thereof, a majority of all the voting members of the society shall have
signified their consent to such amendment by one of the methods herein specified.
[1969, c. 132, § 1 (new).]
div>
No amendment to the articles of incorporation, constitution or laws of any domestic society shall take effect unless approved
by the superintendent, who shall approve such amendment if he finds that it has been duly adopted and is not inconsistent
with any requirement of the laws of this State or with the character, objects and purposes of the society. Unless the superintendent
shall disapprove any such amendment within 60 days after the filing of same, such amendment shall be considered approved.
The approval or disapproval of the superintendent shall be in writing and mailed to the secretary or corresponding officer
of the society at its principal office. In case he disapproves such amendment, the reasons therefor shall be stated in such
written notice.
[1973, c. 583, § 12 (amd).]
div>
Within 90 days from the approval thereof by the superintendent, all such amendments, or a synopsis thereof, shall be furnished
to all members of the society either by mail or by publication in full in the official organ of the society. The affidavit
of any officer of the society or of anyone authorized by it to mail any amendments or synopsis thereof, stating facts which
show that same have been duly addressed and mailed, shall be prima facie evidence that such amendments or synopsis thereof
have been furnished the addressee.
[1973, c. 583, § 12 (amd).]
div>
Every foreign or alien society authorized to do business in this State shall file with the superintendent a duly certified
copy of all amendments of, or additions to, its articles of incorporation, constitution or laws within 90 days after the enactment
of same.
[1973, c. 583, § 12 (amd).]
div>
Printed copies of the constitution or laws as amended, certified by the secretary or corresponding officer of the society,
shall be prima facie evidence of the legal adoption thereof.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4112. Institutions
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4112. Institutions
It shall be lawful for a society to create, maintain and operate charitable, benevolent or educational institutions for the
benefit of its members and their families and dependents and for the benefit of children insured by the society. For such
purpose it may own, hold or lease personal property or real property located within or without this State, with necessary
buildings thereon. Such property shall be reported in every annual statement but shall not be allowed as an admitted asset
of such society.
[1969, c. 132, § 1 (new).]
div>
Maintenance, treatment and proper attendance in any such institution may be furnished free or a reasonable charge may be made
therefor, but no such institution shall be operated for profit. The society shall maintain a separate accounting of any income
and disbursements under this section and report them in its annual statement. No society shall own or operate funeral homes
or undertaking establishments.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4113. No personal liability
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4113. No personal liability
The officers and members of the supreme, grand or any subordinate body of a society shall not be personally liable for payment
of any benefits provided by a society.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4114. Benefits
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4114. Benefits
1. A society authorized to do business in this State may provide for the payment of:
A. Death benefits in any form;
[1969, c. 132, § 1 (new).]
B. Endowment benefits;
[1969, c. 132, § 1 (new).]
C. Annuity benefits;
[1969, c. 132, § 1 (new).]
D. Temporary or permanent disability benefits as a result of disease or accident;
[1969, c. 132, § 1 (new).]
E. Hospital, medical or nursing benefits due to sickness or bodily infirmity or accident; and
[1969, c. 132, § 1 (new).]
F. Monument or tombstone benefits to the memory of deceased members not exceeding in any case the sum of $300.
[1969, c. 132, § 1 (new).]
[1969, c. 132, § 1 (new).]
2. Such benefits may be provided on the lives of members or, upon application of a member, on the lives of the member's family,
including the member, the member's spouse and minor children, in the same or separate certificates.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4115. Benefits on lives of children
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4115. Benefits on lives of children
A society may provide for benefits on the lives of children under the minimum age for adult membership but not greater than
18 years of age at time of application therefor, upon the application of some adult person, as its laws or rules may provide,
which benefits shall be in accordance with the provisions of section 4114, subsection 1. A society may, at its option, organize
and operate branches for such children. Membership and initiation in local lodges shall not be required of such children,
nor shall they have a voice in the management of the society.
[1971, c. 598, § 52 (amd).]
div>
A society shall have power to provide for the designation and changing of designation of beneficiaries in the certificates
providing for such benefits and to provide in all other respects for the regulation, government and control of such certificates
and all rights, obligations and liabilities incident thereto and connected therewith.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4116. Nonforfeiture benefits, cash surrender values, certificate loans and other options
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4116. Nonforfeiture benefits, cash surrender values, certificate loans and other options
A society may grant paid-up nonforfeiture benefits, cash surrender values, certificate loans and such other options as its
laws may permit. As to certificates issued on and after January 1, 1970 a society shall grant at least one paid-up nonforfeiture
benefit; except in the case of pure endowment, annuity or reversionary annuity contracts, reducing term insurance contracts
or contracts of term insurance of uniform amount of 15 years or less expiring before age 66.
[1973, c. 625, § 153 (amd).]
div>
In the case of certificates other than those for which reserves are computed on the Commissioners 1941 Standard Ordinary Mortality
Table, the Commissioners 1941 Standard Industrial Table, the Commissioners 1958 Standard Ordinary Mortality Table, or such
later tables as authorized for use by domestic life insurers, the value of every paid-up nonforfeiture benefit and the amount
of any cash surrender value, loan or other option granted shall not be less than the excess, if any, of 1 over 2 as follows:
[1987, c. 606, §1 (amd).]
1. The reserve under the certificate determined on the basis specified in the certificate; and
[1969, c. 132, § 1 (new).]
2. The sum of any indebtedness to the society on the certificate, including interest due and accrued, and a surrender charge
equal to 2 12% of the face amount of the certificate, which, in the case of insurance on the lives of children, shall be
the ultimate face amount of the certificate, if death benefits provided therein are graded.
[1969, c. 132, § 1 (new).]
div>
However, in the case of certificates issued on a substandard basis or in the case of certificates, the reserves for which
are computed upon the American Men Ultimate Table of Mortality, the term of any extended insurance benefit granted including
accompanying pure endowment, if any, may be computed upon the rates of mortality not greater than 130% of those shown by the
mortality table specified in the certificate for the computation of the reserve.
[1969, c. 132, § 1 (new).]
div>
In the case of certificates for which reserves are computed on the Commissioners 1941 Standard Ordinary Mortality Table, the
Commissioners 1941 Standard Industrial Table, the Commissioners 1958 Standard Ordinary Mortality Table, or such later tables
as authorized for use by domestic life insurers, every paid-up nonforfeiture benefit and the amount of any cash surrender
value, loan or other option granted shall not be less than the corresponding amount ascertained in accordance with the provisions
of the laws of this State applicable to life insurers issuing policies containing like insurance benefits based upon such
tables.
[1987, c. 606, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4117. Beneficiaries
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4117. Beneficiaries
The member shall have the right at all times to change the beneficiary or beneficiaries in accordance with the constitution,
laws or rules of the society. Every society by its constitution, laws or rules may limit the scope of beneficiaries and shall
provide that no beneficiary shall have or obtain any vested interest in the proceeds of any certificate until the certificate
has become due and payable in conformity with the provisions of the insurance contract.
[1969, c. 132, § 1 (new).]
div>
A society may make provision for the payment of funeral benefits to the extent of such portion of any payment under a certificate
as might reasonably appear to be due to any person equitably entitled thereto by reason of having incurred expense occasioned
by the burial of the member, provided the portion so paid shall not exceed the sum of $500.
[1969, c. 132, § 1 (new).]
div>
If, at the death of any member, there is no lawful beneficiary to whom the insurance benefits shall be payable, the amount
of such benefits, except to the extent that funeral benefits may be paid as hereinbefore provided, shall be payable to the
personal representative of the deceased member.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4118. Benefits not attachable
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4118. Benefits not attachable
No money or other benefit, charity, relief or aid to be paid, provided or rendered by any society, shall be liable to attachment,
garnishment or other process, or to be seized, taken, appropriated or applied by any legal or equitable process or operation
of law to pay any debt or liability of a member or beneficiary, or any other person who may have a right thereunder, either
before or after payment by the society.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4119. The contract
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4119. The contract
Every society authorized to do business in this State shall issue to each benefit member a certificate specifying the amount
of benefits provided thereby. The certificate, together with any riders or endorsements attached thereto, the charter or articles
of incorporation, the constitution and laws of the society, the application for membership, and declaration of insurability,
if any, signed by the applicant, and all amendments to each thereof, shall constitute the agreement, as of the date of issuance,
between the society and the member, and the certificate shall so state. A copy of the application for membership and of the
declaration of insurability, if any, shall be endorsed upon or attached to the certificate.
[1969, c. 132, § 1 (new).]
div>
All statements purporting to be made by the member shall be representations and not warranties. Any waiver of this provision
shall be void.
[1969, c. 132, § 1 (new).]
div>
Any changes, additions or amendments to the charter or articles of incorporation, constitution or laws duly made or enacted
subsequent to the issuance of the certificate, shall bind the member and the beneficiaries, and shall govern and control the
agreement in all respects the same as though such changes, additions or amendments had been made prior to and were in force
at the time of the application for membership, except that no change, addition or amendment shall destroy or diminish benefits
which the society contracted to give the member as of the date of issuance.
[1969, c. 132, § 1 (new).]
div>
Copies of any of the documents mentioned in this section, certified by the secretary or corresponding officer of the society,
shall be received in evidence of the terms and conditions thereof.
[1969, c. 132, § 1 (new).]
div>
A society shall provide in its constitution or laws that if its reserves as to all or any class of certificates become impaired
its board of directors or corresponding body may require that there shall be paid by the member to the society the amount
of the member's equitable proportion of such deficiency as ascertained by its board, and that if the payment be not made it
shall stand as an indebtedness against the certificate and draw interest not to exceed 5% per annum compounded annually.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4120. Life benefit certificate provisions, standard and prohibited
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4120. Life benefit certificate provisions, standard and prohibited
No life benefit certificate may be delivered or issued for delivery in this State unless a copy of the form shall have been
filed with the superintendent and approved by him as conforming to the requirements of this section and not inconsistent with
any other provisions of law applicable thereto. For each such form filing, the society shall pay the superintendent a fee
which shall be the same as for an insurer, as provided in section 601. A certificate shall be deemed approved unless disapproved
by the superintendent within 60 days from the date of that filing.
[1983, c. 419, § 11 (amd).]
1. The certificate shall contain in substance the following standard provisions or, in lieu thereof, provisions which are more
favorable to the member:
A. Title on the face and filing page of the certificate clearly and correctly describing its form;
[1969, c. 132, § 1 (new).]
B. A provision stating the amount of rates, premiums or other required contributions, by whatever name known, which are payable
by the insured under the certificate;
[1969, c. 132, § 1 (new).]
C. A provision that the member is entitled to a grace period of not less than a full month, or 30 days at the option of the
society, in which the payment of any premium after the first may be made. During such grace period the certificate shall continue
in full force, but in case the certificate becomes a claim during the grace period before the overdue payment is made, the
amount of such overdue payment or payments may be deducted in any settlement under the certificate;
[1969, c. 132, § 1 (new).]
D. A provision that the member shall be entitled to have the certificate reinstated at any time within 3 years from the due
date of the premium in default, unless the certificate has been completely terminated through the application of a nonforfeiture
benefit, cash surrender value or certificate loan, upon the production of evidence of insurability satisfactory to the society
and the payment of all overdue premiums with interest at a rate not exceeding 6% per annum compounded annually, and the payment
or reinstatement of any other indebtedness to the society upon the certificate with interest at a rate determined under the
terms of the certificate in accordance with sections 2552 to 2554;
[1981, c. 188, § 5 (amd).]
E. Except in the case of pure endowment, annuity or reversionary annuity contracts, reducing term insurance contracts, or contracts
of term insurance of uniform amount of 15 years or less expiring before age 66, a provision that, in the event of default
in payment of any premium after 3 full years' premiums have been paid or after premiums for a lesser period have been paid
if the contract so provides, the society will grant, upon proper request not later than 60 days after the due date of the
premium in default, a paid-up nonforfeiture benefit on the plan stipulated in the certificate, effective as of such due date,
of such value as specified in this chapter. The certificate may provide, if the society's laws so specify or if the member
shall so elect prior to the expiration of the grace period of any overdue premium, that default shall not occur so long as
premiums can be paid under the provisions of an arrangement for automatic premium loan as may be set forth in the certificate;
[1969, c. 132, § 1 (new).]
F. A provision that one paid-up nonforfeiture benefit as specified in the certificate shall become effective automatically
unless the member elects another available paid-up nonforfeiture benefit, not later than 60 days after the due date of the
premium in default;
[1969, c. 132, § 1 (new).]
G. A statement of the mortality table and rate of interest used in determining all paid-up nonforfeiture benefits and cash
surrender options available under the certificate, and a brief general statement of the method used in calculating such benefits;
[1969, c. 132, § 1 (new).]
H. A table showing in figures the value of every paid-up nonforfeiture benefit and cash surrender option available under the
certificate for each certificate anniversary either during the first 20 certificate years or during the term of the certificate
whichever is shorter;
[1969, c. 132, § 1 (new).]
I. A provision that the certificate shall be incontestable after it has been in force during the lifetime of the member for
a period of 2 years from its date of issue except for nonpayment of premiums, violation of the provisions of the certificate
relating to military, aviation or naval service and violation of the provisions relating to suspension or expulsion as substantially
set forth in the certificate. At the option of the society, supplemental provisions relating to benefits in the event of temporary
or permanent disability or hospitalization and provisions which grant additional insurance specifically against death by accident
or accidental means may also be excepted. The certificate shall be incontestable on the ground of suicide after it has been
in force during the lifetime of the member for a period of 2 years from date of issue. The certificate may provide, as to
statements made to procure reinstatement, that the society shall have the right to contest a reinstated certificate within
a period of 2 years from date of reinstatement with the same exceptions as herein provided;
[1969, c. 132, § 1 (new).]
J. A provision that in case the age or sex of the member or of any other person is considered in determining the premium and
it is found at any time before final settlement under the certificate that the age or sex has been misstated, and the discrepancy
and premium involved have not been adjusted, the amount payable shall be such as the premium would have purchased at the correct
age and sex; but if the correct age or sex was not an insurable age or sex under the society's charter or laws, only the premiums
paid to the society, less any payments previously made to the member, shall be returned or, at the option of the society,
the amount payable under the certificate shall be such as the premium would have purchased at the correct age and sex according
to the society's promulgated rates and any extension thereof based on actuarial principles;
[1969, c. 132, § 1 (new).]
K. A provision or provisions which recite fully, or which set forth the substance of, all sections of the charter, constitution,
laws, rules or regulations of the society, in force at the time of issuance of the certificate, the violation of which will
result in the termination of, or in the reduction of, the benefit or benefits payable under the certificate; and
[1969, c. 132, § 1 (new).]
L. If the constitution or laws of the society provide for explusion or suspension of a member, any member so expelled or suspended,
except for nonpayment of a premium or within the contestable period for material misrepresentations in such member's application
for membership, shall have the privilege of maintaining his insurance in force by continuing payment of the required premium.
[1969, c. 132, § 1 (new).]
Any of the foregoing provisions or portions thereof not applicable by reason of the plan of insurance or because the certificate
is an annuity certificate may to the extent inapplicable be omitted from the certificate.
[1981, c. 188, § 5 (amd).]
2. No life benefit certificate may be delivered or issued for delivery in this State containing in substance any of the following
provisions:
A. Any provision limiting the time within which any action at law or in equity may be commenced to less than 2 years after
the cause of action shall accrue;
[1969, c. 132, § 1 (new).]
B. Any provision by which the certificate shall purport to be issued or to take effect more than 6 months before the original
application for the certificate was made, except in case of transfer from one form of certificate to another in connection
with which the member is to receive credit for any reserve accumulation under the form of certificate from which the transfer
is made;
[1989, c. 176, §7 (amd).]
C. Any provision for forfeiture of the certificate for failure to repay any loan thereon or to pay interest on such loan while
the total indebtedness, including interest, is less than the loan value of the certificate; or
[1989, c. 176, §7 (amd).]
D. Any provision providing more restrictive coverage or excluding coverage for death resulting from Acquired Immune Deficiency
Syndrome (AIDS), AIDS Related Complex (ARC) or HIV related diseases except this provision shall not apply to death by accident
or accidental means.
[1989, c. 176, §7 (new).]
[1989, c. 176, §7 (amd).]
3. The word "premiums" as used in this chapter means premiums, rates or other required contributions by whatever name known.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4121-A. Acquired Immune Deficiency Syndrome
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4121-A. Acquired Immune Deficiency Syndrome
No certificate providing health insurance benefits delivered or issued for delivery in this State, other than a certificate
providing benefits for specific diseases or accidental injuries only, may provide more restrictive coverage for Acquired Immune
Deficiency Syndrome (AIDS), AIDS Related Complex or HIV related diseases than for any other disease or sickness or exclude
coverage for Acquired Immune Deficiency Syndrome (AIDS), AIDS Related Complex (ARC) or HIV related diseases except through
an exclusion under which all sicknesses and diseases are treated the same.
[1989, c. 176, §8 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4121. Accident and health insurance and total and permanent disability insurance certificates
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4121. Accident and health insurance and total and permanent disability insurance certificates
No society may issue or deliver in this State any certificate or other evidence of any contract or accident insurance or health
insurance or of any total and permanent disability insurance contract unless and until the form thereof, together with the
form of application and all riders or endorsements for use in connection therewith, has been filed with the superintendent
and approved by him as conforming to reasonable rules from time to time made by him and as not inconsistent with any other
provisions of law applicable thereto. For each such form filing, the society shall pay the superintendent a fee which shall
be the same as for an insurer, as provided in section 601. The superintendent shall, within a reasonable time after the
filing of any such form, notify the society filing the form either of his approval or of his disapproval of that form. The
superintendent may approve any such form which in his opinion contains provisions on any one or more of the several requirements
made by him which are more favorable to the members than the one or ones so required. The superintendent may make, alter and
supersede reasonable regulations prescribing the required, optional and prohibited provisions in such contracts, and such
regulations shall conform, as far as practicable, to chapter 33. Where the superintendent deems inapplicable, either in part
or in their entirety, the provisions of the foregoing sections, he may prescribe the portions or summary thereof of the contract
to be printed on the certificate issued to the member. Any filing made under this section shall be deemed approved unless
disapproved within 60 days from the date of such filing. The procedures governing all rules promulgated under authority of
this section shall conform to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II.
[1983, c. 419, § 12 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4122. Waiver
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4122. Waiver
The constitution and laws of the society may provide that no subordinate body nor any of its subordinate officers or members
shall have the power or authority to waive any of the provisions of the laws and constitution of the society. Such provisions
shall be binding on the society and every member and beneficiary of a member.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4123. Reinsurance
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4123. Reinsurance
A domestic society may, by a reinsurance agreement, cede any individual risk or risks in whole or in part to an insurer, other
than another fraternal benefit society, having the power to make such reinsurance and authorized to do business in this State,
or if not so authorized, one which is approved by the superintendent, but no such society may reinsure substantially all of
its insurance in force without the written permission of the superintendent. It may take credit for the reserves on such ceded
risks to the extent reinsured, but no credit shall be allowed as an admitted asset or as a deduction from liability, to a
ceding society for reinsurance made, ceded, renewed, or otherwise becoming effective after January 1, 1970, unless the reinsurance
is payable by the assuming insurer on the basis of the liability of the ceding society under the contract or contracts reinsured
without diminution because of the insolvency of the ceding society.
[1973, c. 625, § 154 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4124. Licenses
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4124. Licenses
A license must be issued to each fraternal benefit society that qualifies under this chapter. The license continues in full
force and effect until suspended or revoked by the superintendent. Upon issuance of the license and annually thereafter the
society shall pay the superintendent a fee that is the same as for an insurer as provided in section 601. A duly certified
copy or duplicate of such license is prima facie evidence that the licensee is a fraternal benefit society within the meaning
of this chapter. On or before July 1st of each year, the superintendent shall forward to each fraternal benefit society an
itemized bill of the amount due for the filing of the annual statement and the amount due for the certificate of authority
annual fee.
[1997, c. 592, §68 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4125. Foreign or alien society -- admission
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4125. Foreign or alien society -- admission
No foreign or alien society shall transact business in this State without a license issued by the superintendent. Any such
society may be licensed to transact business in this State upon filing with the superintendent:
[1973, c. 585, § 12 (amd).]
1. A duly certified copy of its charter or articles of incorporation;
[1969, c. 132, § 1 (new).]
2. A copy of its constitution and laws, certified by its secretary or corresponding officer;
[1969, c. 132, § 1 (new).]
3. A power of attorney to the superintendent as prescribed in section 4129;
[1973, c. 585, § 12 (amd).]
4. A statement of its business under oath of its president and secretary or corresponding officers in a form prescribed by
the superintendent, duly verified by an examination made by the supervising insurance official of its home state or other
state, territory, province or country, satisfactory to the superintendent of this State;
[1973, c. 585, § 12 (amd).]
5. A certificate from the proper official of its home state, territory, province or country that the society is legally incorporated
and licensed to transact business therein;
[1969, c. 132, § 1 (new).]
6. Copies of its certificate forms; and
[1969, c. 132, § 1 (new).]
7. Such other information as he may deem necessary; and upon a showing that its assets are invested in accordance with the
provisions of this chapter.
[1969, c. 132, § 1 (new).]
div>
Any foreign or alien society desiring admission to this State shall have the qualifications required of domestic societies
organized under this chapter.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4126. Injunction -- liquidation -- receivership of domestic society
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4126. Injunction -- liquidation -- receivership of domestic society
1. When the superintendent upon investigation finds that a domestic society:
A. Has exceeded its powers;
[1969, c. 132, § 1 (new).]
B. Has failed to comply with any provision of this chapter;
[1969, c. 132, § 1 (new).]
C. Is not fulfilling its contracts in good faith;
[1969, c. 132, § 1 (new).]
D. Has a membership of less than 400 after an existence of 1 year or more; or
[1969, c. 132, § 1 (new).]
E. Is conducting business fraudulently or in a manner hazardous to its members, creditors, the public or the business;
[1969, c. 132, § 1 (new).]
he shall notify the society of such deficiency or deficiencies and state in writing the reasons for his dissatisfaction. He
shall at once issue a written notice to the society requiring that the deficiency or deficiencies which exist are corrected.
After such notice the society shall have a 30-day period in which to comply with the superintendent's request for correction,
and if the society fails to comply, the superintendent shall notify the society of his findings of noncompliance and require
the society to show cause on a date named why it should not be enjoined from carrying on any business until the violation
complained of shall have been corrected, or why an action in quo warranto should not be commenced against the society.
If on such date the society does not present good and sufficient reasons why it should not be so enjoined or why such action
should not be commenced, the superintendent may present the facts relating thereto to the Attorney General who shall, if he
deems the circumstances warrant, commence an action to enjoin the society from transacting business or in quo warranto.
The court shall thereupon notify the officers of the society of a hearing. If after a full hearing it appears that the society
should be so enjoined or liquidated or a receiver appointed, the court shall enter the necessary order.
[1973, c. 585, § 12 (amd).]
2. No society so enjoined shall have the authority to do business until:
A. The superintendent finds that the violation complained of has been corrected;
[1973, c. 585, § 12 (amd).]
B. The cost of such action shall have been paid by the society if the court finds that the society was in default as charged;
[1969, c. 132, § 1 (new).]
C. The court has dissolved its injunction; and
[1969, c. 132, § 1 (new).]
D. The society's certificate of authority has been reinstated.
[1977, c. 694, § 431 (rpr).]
[1977, c. 694, § 431 (amd).]
3. If the court orders the society liquidated, it shall be enjoined from carrying on any further business, whereupon the receiver
of the society shall proceed at once to take possession of the books, papers, money and other assets of the society and, under
the direction of the court, proceed forthwith to close the affairs of the society and to distribute its funds to those entitled
thereto.
[1969, c. 132, § 1 (new).]
4. No action under this section shall be recognized in any court of this State unless brought by the Attorney General upon
request of the superintendent. Whenever a receiver is to be appointed for a domestic society, the court shall appoint the
superintendent as such receiver.
[1973, c. 585, § 12 (amd).]
5. The provisions of this section relating to hearing by the superintendent, action by the Attorney General at the request
of the superintendent, hearing by the court, injunction and receivership shall be applicable to a society which shall voluntarily
determine to discontinue business.
[1973, c. 585, § 12 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4127. Petition for suspension, revocation or refusal of license of foreign or alien society
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4127. Petition for suspension, revocation or refusal of license of foreign or alien society
1. Following investigation the superintendent may file a complaint with the District Court seeking suspension or revocation
of the license of a foreign or alien society upon evidence that the society:
A. Has exceeded its powers;
[1977, c. 694, §432 (rpr).]
B. Has failed to comply with any of the provisions of this chapter;
[1977, c. 694, §432 (rpr).]
C. Is not fulfilling its contracts in good faith; or
[1977, c. 694, §432 (rpr).]
D. Is conducting its business fradulently or in a manner hazardous to its members or creditors or the public.
[1977, c. 694, §432 (rpr).]
The duration of any license suspension will be determined by the District Court. Notwithstanding any of the provisions of
this subsection, the superintendent has the authority to amend, modify or refuse to renew any license for cause, pursuant
to the procedures set forth in the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV.
[1977, c. 694, §432 (rpr); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]
2. Nothing contained in this section shall be taken or construed as preventing any such society from continuing in good faith
all contracts made in this State during the time such society was legally authorized to transact business herein.
[1969, c. 132, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4128. Licensing of agents
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4128. Licensing of agents
Insurance producers of societies must be licensed in accordance with chapter 16 provided the examination requirements of chapter
16 are not applicable to any insurance producer who was in the service of a society on January 1, 1978, and provided that
no insurance producer's license is required of the following:
[1997, c. 457, §48 (amd); §55 (aff).]
1. Officer devoting substantial time to activities other than solicitation or negotiation of insurance contracts. Any officer,
employee or secretary of any such society or of any subordinate lodge or branch thereof who devotes substantially all of his
time to activities other than the solicitation or negotiation of insurance contracts and who receives no commission or other
compensation directly dependent upon the number or amount of contracts solicited or negotiated;
[1977, c. 446, §1 (rpr).]
2. Agent devoting less than 50% of time to solicitation and procurement of insurance contracts. Any agent or representative
of a society who devotes less than 50% of his time to the solicitation and procurement of insurance contracts for such society.
Any person, who in the preceding calendar year has solicited and procured life insurance in excess of $200,000, face amount,
or, in the case of any other kind or kinds of insurance which the society may write, on the persons of more than 25 individuals
and who has received or will receive a commission or other compensation therefor, shall be presumed to be devoting 50% of
his time to the solicitation or procurement of insurance contracts for such society; or
[1977, c. 446, §1 (rpr).]
3. Persons who do not effect insurance. Any member of a society who does not effect insurance and whose solicitation or negotiation
is incidental to securing new members for his society and whose only remuneration consists of prizes in the form of merchandise
or payments of a nominal amount.
[1977, c. 446, §1 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4129. Service of process
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4129. Service of process
Every society authorized to do business in this State shall appoint in writing an agent located in the State upon whom all
lawful process in any action or proceeding against it is served and shall agree in writing that any lawful process against
it that is served on the agent is of the same legal force and validity as if served upon the society and that the authority
continues in force so long as any liability remains outstanding in this State. Copies of such appointment certified by the
appointed agent are deemed sufficient evidence of the appointment and may be admitted in evidence with the same force and
effect as the original.
[1997, c. 592, §69 (amd).]
div>
Service may only be made upon the appointed agent or, if absent, upon the person in charge. It must be made in duplicate
and constitutes sufficient service upon the society. When legal process against a society is served upon the appointed agent,
the appointed agent shall forthwith forward one of the duplicate copies by registered mail, prepaid, directed to the secretary
or corresponding officer. Legal process may not be served upon a society except as provided in this section.
[1997, c. 592, §69 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4130. Injunction
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4130. Injunction
No application or petition for injunction against any domestic, foreign or alien society, or branch thereof, shall be recognized
in any court of this State unless made by the Attorney General upon request of the superintendent.
[1973, c. 585, § 12 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4131. Review
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4131. Review
All decisions and findings of the superintendent made under the provisions of this chapter shall be subject to review by proper
proceedings in any court of competent jurisdiction in this State.
[1973, c. 585, § 12 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4132. Funds
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4132. Funds
All assets shall be held, invested and disbursed for the use and benefit of the society and no member or beneficiary shall
have or acquire individual rights therein or become entitled to any apportionment or the surrender of any part thereof, except
as provided in the contract.
[1969, c. 132, § 1 (new).]
div>
A society may create, maintain, invest, disburse and apply any special fund or funds necessary to carry out any purpose permitted
by the laws of such society.
[1969, c. 132, § 1 (new).]
div>
Every society, the admitted assets of which are less than the sum of its accrued liabilities and reserves under all of its
certificates when valued according to standards required for certificates issued after one year from the effective date of
this chapter, shall, in every provision of the laws of the society for payments by members of such society, in whatever form
made, distinctly state the purpose of the same and the proportion thereof which may be used for expenses, and no part of the
money collected for mortuary or disability purposes or the net accretions thereto shall be used for expenses.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4133. Investments
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4133. Investments
A society shall invest its funds only in such investments as are authorized by the laws of this State for the investment of
assets of life insurers and subject to the limitations thereon. Any foreign or alien society permitted or seeking to do business
in this State which invests its funds in accordance with the laws of the state, district, territory, country or province in
which it is incorporated, shall be held to meet the requirements of this section for the investment of funds.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4134. Reports and valuations
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4134. Reports and valuations
Reports shall be filed and synopses of annual statements shall be published in accordance with the provisions of this section.
[1969, c. 132, § 1 (new).]
1. Every society transacting business in this State shall annually, on or before the first day of March, unless for cause shown
such time has been extended by the superintendent, file with the superintendent a true statement of its financial condition,
transactions and affairs for the preceding calendar year. The statement must be in general form and context as approved by
the National Association of Insurance Commissioners for fraternal benefit societies and as supplemented by additional information
required by the superintendent. The fee for filing the annual statement is the same as for an insurer as provided in section
601.
[1997, c. 592, §70 (amd).]
2. A synopsis of its annual statement providing an explanation of the facts concerning the condition of the society thereby
disclosed shall be printed and mailed to each benefit member of the society not later than June 1 of each year, or, in lieu
thereof, such synopsis may be published in the society's official publication.
[1969, c. 132, §1 (new).]
3. As a part of the annual statement herein required, each society shall, on or before the 1st day of March, file with the
superintendent a valuation of its certificates in force on December 31 last preceding, provided the superintendent may, in
his discretion for cause shown, extend the time for filing such valuation for not more than 2 calendar months. Such report
of valuation shall show, as reserve liabilities, the difference between the present midyear value of the promised benefits
provided in the certificates of such society in force and the present midyear value of the future net premiums as the same
are in practice actually collected, not including therein any value for the right to make extra assessments and not including
any amount by which the present midyear value of future net premiums exceeds the present midyear value of promised benefits
on individual certificates. At the option of any society, in lieu of the above, the valuation may show the net tabular value.
Such net tabular value as to certificates issued prior to one year after January 1, 1970 shall be determined in accordance
with the provisions of law applicable prior to January 1, 1970 and as to certificates issued on or after one year from January
1, 1970 shall not be less than the reserves determined according to the superintendent's reserve valuation method as hereinafter
defined. If the premium charged is less than the tabular net premium according to the basis of valuation used, an additional
reserve equal to the present value of the deficiency in such premiums shall be set up and maintained as a liability. The reserve
liabilities shall be properly adjusted in the event that the midyear or tabular values are not appropriate.
[1973, c. 625, §156 (amd).]
4. Reserves according to the superintendent's reserve valuation method, for the life insurance and endowment benefits of certificates
providing for a uniform amount of insurance and requiring the payment of uniform premiums shall be the excess, if any, of
the present value, at the date of valuation, of such future guaranteed benefits provided for by such certificates, over the
then present value of any future modified net premiums therefor. The modified net premiums for any such certificate shall
be such uniform percentage of the respective contract premiums for such benefits that the present value, at the date of issue
of the certificate, of all such modified net premiums shall be equal to the sum of the then present value of such benefits
provided for by the certificate and the excess of A over B, as follows:
A. A net level premium equal to the present value, at the date of issue, of such benefits provided for after the first certificate
year, divided by the present value, at the date of issue, of an annuity of one per annum payable on the first and each subsequent
anniversary of such certificate on which a premium falls due; provided however that such net level annual premium shall not
exceed the net level annual premium on the 19-year premium whole life plan for insurance of the same amount at an age 1 year
higher than the age at issue of such certificate; and
[1969, c. 132, §1 (new).]
B. A net one-year term premium for such benefits provided for in the first certificate year.
Reserves according to the superintendent's reserve valuation method for:
p align="center">(1) Life insurance benefits for varying amounts of benefits or requiring the payment of varying premiums,
p align="center">(2) Annuity and pure endowment benefits,
p align="center">(3) Disability and accidental death benefits in all certificates and contracts, and
p align="center">(4) All other benefits except life insurance and endowment benefits,
p align="center">shall be calculated by a method consistent with the principles of this subsection.
[1973, c. 585, §12 (amd).]
[1973, c. 585, §12 (amd).]
5. The present value of deferred payments due under incurred claims or matured certificates shall be deemed a liability of
the society and shall be computed upon mortality and interest standards prescribed in the following subsection.
[1969, c. 132, §1 (new).]
6. Such valuation and underlying data shall be certified by a competent actuary or, at the expense of the society, verified
by the actuary of the department of insurance of the state of domicile of the society.
A. The minimum standards of valuation for certificates issued prior to January 1, 1970 shall be those provided by the law applicable
immediately prior to January 1, 1970 but not lower than the standards used in the calculating of rates for such certificates.
[1973, c. 625, §157 (amd).]
B. The minimum standard of valuation for certificates issued after January 1, 1970 shall be such interest assumptions and tables
as authorized for use by domestic life insurers or 3 12% interest and the following tables:
(1) For certificates of life insurance: American Men Ultimate Table of Mortality, with Bowerman's or Davis' extension thereof
or with the consent of the superintendent, the Commissioners 1941 Standard Ordinary Mortality Table, the Commissioners 1941
Standard Industrial Mortality Table or the Commissioners 1958 Standard Ordinary Mortality Table, using actual age of the insured
for male risks and an age more than 3 years younger than the actual age of the insured for female risks;
(2) For annuity and pure endowment certificates, excluding any disability and accidental death benefits in such certificates:
The 1937 Standard Annuity Mortality Table or the Annuity Mortality Table for 1949, ultimate, or any modification of either
of these tables approved by the superintendent;
(3) For total and permanent disability benefits in or supplementary to life insurance certificates: Hunter's Disability Table,
or the class III disability table (1926) modified to conform to the contractual waiting period, or the tables of period 2
disablement rates and the 1930 to 1950 termination rates of the 1952 disability study of the Society of Actuaries with due
regard to the type of benefit. Any such table shall, for active lives, be combined with a mortality table permitted for calculating
the reserves for life insurance certificates;
(4) For accidental death benefits in or supplementary to life insurance certificates: The Inter-company Double Indemnity
Mortality Table or the 1959 Accidental Death Benefits Table. Either table shall be combined with a mortality table permitted
for calculating the reserves for life insurance certificates; and
(5) For noncancellable accident and health benefits: The class III disability table (1926) with conference modifications
or, with the consent of the superintendent, tables based upon the society's own experience.
[1987, c. 606, §2 (amd).]
The superintendent may, in his discretion, accept other standards for valuation if he finds that the reserves produced thereby
will not be less in the aggregate than reserves computed in accordance with the minimum valuation standard herein prescribed.
The superintendent may, in his discretion, vary the standards of mortality applicable to all certificates of insurance on
substandard lives or other extra hazardous lives by any society authorized to do business in this State. Whenever the mortality
experience under all certificates valued on the same mortality table is in excess of the expected mortality according to such
table for a period of 3 consecutive years, the superintendent may require additional reserves when deemed necessary in his
judgment on account of such certificates.
Any society, with the consent of the insurance supervisory officer of the state of domicile of the society and under such
conditions, if any, which he may impose, may establish and maintain reserves on its certificates in excess of the reserves
required thereunder, but the contractual rights of any insured member shall not be affected thereby.
[1987, c. 606, §2 (amd).]
7. A society neglecting to file the annual statement in the form and within the time provided by this section shall forfeit
$100 for each day during which such neglect continues, and, upon notice by the superintendent to that effect, its authority
to do business in this State shall cease while such default continues.
[1973, c. 585, §12 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4135. Examination of domestic societies
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4135. Examination of domestic societies
The superintendent, or any person he may appoint, shall have the power of visitation and examination into the affairs of any
domestic society and he shall make such examination at least once in every 3 years. He may employ assistants for the purpose
of such examination, and he, or any person he may appoint, shall have free access to all books, papers and documents that
relate to the business of the society. The minutes of the proceedings of the supreme legislative or governing body and of
the board of directors or corresponding body of a society shall be in the English language. In making any such examination
the superintendent may summon and qualify as witnesses under oath and examine its officers, agents and employees or other
persons in relation to the affairs, transactions and condition of the society. A summary of the report of the superintendent
and such recommendations or statements of the superintendent as may accompany such report shall be read at the first meeting
of the board of directors or corresponding body of the society following the receipt thereof, and if directed so to do by
the superintendent, shall also be read at the first meeting of the supreme legislative or governing body of the society following
the receipt thereof. A copy of the report, recommendations and statements of the superintendent shall be furnished by the
society to each member of such board of directors or other governing body. The expense of each examination and of each valuation,
including compensation and actual expense of examiners, shall be paid by the society examined or whose certificates are valued,
upon statements furnished by the superintendent.
[1973, c. 585, § 12 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4136. Examination of foreign and alien societies
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4136. Examination of foreign and alien societies
The superintendent, or any person whom he may appoint, may examine any foreign or alien society transacting or applying for
admission to transact business in this State. He may employ assistants and he, or any person he may appoint, shall have free
access to all books, papers and documents that relate to the business of the society. He may in his discretion accept, in
lieu of such examination, the examination of the insurance department of the state, territory, district, province or country
where such society is organized. The compensation and actual expenses of the examiners making any examination or general or
special valuation shall be paid by the society examined or by the society whose certificate obligations have been valued,
upon statements furnished by the superintendent.
[1973, c. 585, § 12 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4137. No adverse publications
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4137. No adverse publications
Pending, during or after an examination or investigation of a society, either domestic, foreign or alien, the superintendent
shall make public no financial statement, report or finding, nor shall he permit to become public any financial statement,
report or finding affecting the status, standing or rights of any society, until a copy thereof shall have been served upon
the society at its principal office and the society shall have been afforded a reasonable opportunity to answer any such financial
statement, report or finding and to make such showing in connection therewith as it may desire.
[1973, c. 585, § 12 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4138. Misrepresentation
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4138. Misrepresentation
A person may not cause or permit to be made, issued or circulated in any form:
[2001, c. 421, Pt. B, §91 (amd); Pt. C, §1 (aff).]
1. Any misrepresentation or false or misleading statement concerning the terms, benefits or advantages of any fraternal insurance
contract now issued or to be issued in this State, or the financial condition of any society;
[1969, c. 132, §1 (new).]
2. Any false or misleading estimate or statement concerning the dividends or shares of surplus paid or to be paid by any society
on any insurance contract; or
[1969, c. 132, §1 (new).]
3. Any incomplete comparison of an insurance contract of one society with an insurance contract of another society or insurer
for the purpose of inducing the lapse, forfeiture or surrender of any insurance contract. A comparison of insurance contracts
is incomplete if it does not compare in detail:
A. The gross rates, and the gross rates less any dividend or other reduction allowed at the date of the comparison; and
[1969, c. 132, §1 (new).]
B. Any increase in cash values, and all the benefits provided by each contract for the possible duration thereof as determined
by the life expectancy of the insured; or if it omits from consideration:
[1969, c. 132, §1 (new).]
C. Any benefit or value provided in the contract;
[1969, c. 132, §1 (new).]
D. Any differences as to amount or period of rates; or
[1969, c. 132, §1 (new).]
E. Any differences in limitations or conditions or provisions which directly or indirectly affect the benefits. In any determination
of the incompleteness or misleading character of any comparison or statement, it shall be presumed that the insured had no
knowledge of any of the contents of the contract involved.
[1969, c. 132, §1 (new).]
[1969, c. 132, §1 (new).]
div>
A person who violates any provision of this section or knowingly receives any compensation or commission by or in consequence
of such violation commits a civil violation and is subject to civil penalties and other remedies as provided in section 12-A.
In addition, the person is liable for a civil penalty in the amount of 3 times the sum received by such violator as compensation
or commission, which penalty may be sued for and recovered by any person or society aggrieved for that person's or society's
own use and benefit in accordance with the provisions of civil practice.
[2001, c. 421, Pt. B, §92 (amd); Pt. C, §1 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4139-A. Funeral service contracts
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4139-A. Funeral service contracts
Every society is subject to the provisions of section 2176.
[1989, c. 206, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4139. Discrimination and rebates
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4139. Discrimination and rebates
No society doing business in this State shall make or permit any unfair discrimination between insured members of the same
class and equal expectation of life in the premiums charged for certificates of insurance, in the dividends or other benefits
payable thereon or in any other of the terms and conditions of the contracts it makes.
[1969, c. 132, § 1 (new).]
div>
No society, by itself or any other party, and no agent or solicitor, personally or by any other party, shall offer, promise,
allow, give, set off or pay, directly or indirectly, any valuable consideration or inducement to or for insurance on any risk
authorized to be taken by such society, which is not specified in the certificate. No member shall receive or accept, directly
or indirectly, any rebate of premium, or part thereof, or agent's or solicitor's commission thereon, payable on any certificate
or receive or accept any favor or advantage or share in the dividends or other benefits to accrue on, or any valuable consideration
or inducement not specified in the contract of insurance.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4140. Taxation
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4140. Taxation
Every society organized or licensed under this chapter is hereby declared to be a charitable and benevolent institution, and
all of its funds shall be exempt from all and every state, county, district, municipal and school tax other than taxes on
real estate and office equipment.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4141. Exemptions
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4141. Exemptions
Except as herein provided, societies shall be governed by this chapter and shall be exempt from all other provisions of the
insurance laws of this State, not only in governmental relations with the state, but for every other purpose. No law hereafter
enacted shall apply to them, unless they be expressly designated therein.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4142. Exemption of certain societies
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4142. Exemption of certain societies
Nothing contained in this chapter shall be so construed as to affect or apply to:
[1969, c. 132, § 1 (new).]
1. Grand or subordinate lodges of societies, orders or associations now doing business in this State which provide benefits
exclusively through local or subordinate lodges;
[1969, c. 132, § 1 (new).]
2. Orders, societies or associations which admit to membership only persons engaged in one or more crafts or hazardous occupations,
in the same or similar lines of business, insuring only their own members and their families, and the ladies' societies or
ladies' auxiliaries to such orders, societies or associations;
[1969, c. 132, § 1 (new).]
3. Domestic societies which limit their membership to employees of a particular city or town, designated firm, business house
or corporation which provide for a death benefit of not more than $400 or disability benefits of not more than $350 to any
person in any one year, or both; or
[1969, c. 132, § 1 (new).]
4. Domestic societies or associations of a purely religious, charitable or benevolent description, which provide for a death
benefit of not more than $400 or for disability benefits of not more than $350 to any one person in any one year, or both.
[1969, c. 132, § 1 (new).]
div>
Any such society or association described in subsections 3 or 4 supra which provides for death or disability benefits for
which benefit certificates are issued, and any such society or association included in subsection 4 which has more than 1,000
members, shall not be exempted from the provisions of this chapter but shall comply with all requirements thereof.
[1969, c. 132, § 1 (new).]
div>
No society which, by the provisions of this section, is exempt from the requirements of this chapter, except any society described
in subsection 2, shall give or allow, or promise to give or allow to any person any compensation for procuring new members.
[1969, c. 132, § 1 (new).]
div>
Every society which provides for benefits in case of death or disability resulting solely from accident, and which does not
obligate itself to pay natural death or sick benefits shall have all of the privileges and be subject to all the applicable
provisions and regulations of this chapter except that the provisions thereof relating to medical examination, valuations
of benefit certificates, and incontestability shall not apply to such society.
[1969, c. 132, § 1 (new).]
div>
The superintendent may require from any society or association, by examination or otherwise, such information as will enable
him to determine whether such society or association is exempt from this chapter.
[1973, c. 585, § 12 (amd).]
div>
Societies, exempted under this section, shall also be exempt from all other provisions of the insurance laws of this State.
[1969, c. 132, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 24-A - §4143. Penalties
Title 24-A: MAINE INSURANCE CODE
Chapter 55: FRATERNAL BENEFIT SOCIETIES
§4143. Penalties
1. False or fraudulent statement in application. A person who intentionally or knowingly makes a false or fraudulent statement in or relating to an application for membership
or for the purpose of obtaining money from or a benefit in any society commits a Class E crime.
[2003, c. 452, Pt. M, §1 (new); Pt. X, §2 (aff).]
2. Perjury. A person who intentionally or knowingly makes a false or fraudulent statement in any verified report or declaration under
oath required or authorized by this chapter or of any material fact contained in a sworn statement concerning the death or
disability of a member for the purpose of procuring payment of a benefit named in the certificate commits the crime of perjury
and is subject to the penalties prescribed by law.
[2003, c. 452, Pt. M, §1 (new); Pt. X, §2 (aff).]
3. Soliciting membership in society not licensed to do business. A person who solicits membership for or in any manner assists in procuring membership in a society not licensed to do business
in this State commits a civil violation for which a fine of not less than $50 and not more than $200 may be adjudged.
[2003, c. 452, Pt. M, §1 (new); Pt. X, §2 (aff).]
4. General penalty. A person who intentionally or knowingly violates or neglects or refuses to comply with the provisions of this chapter for
which a penalty is not otherwise prescribed is subject to the penalties under section 12-A.
[2003, c. 452, Pt. M, §1 (new); Pt. X, §2 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
|
|
|
|
